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General exceptions 1 Date recognition

In document Business Combined Insurance Policy (Page 56-59)

clause 16.2.1 e) and reporting that such particulars or details are in accordance with your business books or documents

III. where we are required to indemnify more than one party the total amount of indemnity payable to all parties in respect of damages shall not exceed the

15 General exceptions 1 Date recognition

This policy excludes and does not cover any claim directly or indirectly caused by or contributed to by or arising from the failure of any computer or other equipment, data, processing, service, product, microchip, micro processor, integrated circuit, embedded chip or similar device, computer, software, program or process or any other electronic system or any design or advice in connection with any of the foregoing irrespective of ownership possession or use and whether occurring before during or after the year 2000:

15.1.1 correctly to recognise any date as its true calendar date;

15.1.2 to capture save or retain and/or correctly to manipulate interpret or process any data or information or command or instruction as a result of treating any date otherwise than as its true calendar date;

15.1.3 to capture save or retain or correctly to process any data as a result of the operation of any command which has been programmed into any computer software being a command which causes the loss of data or the inability to capture save retain or correctly to process such data on or after any date but this shall not exclude in respect of section A Contents; section B - All Risks – Specified business equipment; section C- Buildings and

section E - Business interruption subsequent damage not otherwise excluded which itself

results from fire, lightning, explosion, theft, aircraft or other aerial devices or articles dropped therefrom riot, civil commotion, strikers, locked out workers, persons taking part in labour disturbances, malicious persons, earthquake, storm, flood, escape of water from any tank, apparatus or pipe or impact by any road vehicle or animal provided such contingency is insured by the section.

15.1.4 This exception is not applicable to section I – Employers’ liability

15.2

Electrical plant

Except in respect of claims arising under sections F, I and J this policy excludes and does not cover any damage to or destruction of any electrical plant or electrical appliance i.e. dynamo, transformer, motor or other working electrical machinery apparatus or fittings directly caused by its own over-running, short-circuiting, excessive pressure or self-heating but should fire extend to and damage or destroy any other part of the plant or appliances or other property insured hereby such damage or destruction is not excluded by the

policy.

15.3

Heat processes

Except in respect of claims arising under sections F, I and J this policy excludes and does not cover any damage to property insured due to its undergoing any process necessarily involving application of heat.

15.4

Northern Ireland

Except in respect of claims arising under sections F, I and J this policy excludes and does not cover any damage in Northern Ireland occasioned by or happening through or in consequence directly or indirectly of:

15.4.1 riot, civil commotion and (except in respect of damage by fire or explosion) strikers locked- out workers or persons taking part in labour disturbances or malicious persons;

15.4.2 Terrorism.

In any action suit or other proceedings where we allege that by reason of this exclusion any damage is not covered by this policy the burden of proving that such damage is covered shall be upon you.

15.5

Nuclear risks

Except in respect of claims admissible under section I:

15.5.1 damage to any property whatsoever or any loss or expense whatsoever resulting or

arising therefrom or any consequential loss; 15.5.2 any legal liability of whatsoever nature;

15.5.3 any sum which you become legally liable to pay or any loss or expense;

directly or indirectly caused by or contributed to by or arising from or, in the case of 15.5.3 above, attributable to:

a) ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;

b) the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.

15.6

Pressure waves

This policy excludes and does not cover any damage directly occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.

15.7

War and terrorism

Except in respect of claims arising under sections F, I and J this policy excludes and does not cover any damage cost or expense of whatsoever nature directly or indirectly caused by resulting from or in connection with:

15.7.1 any act of war or terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss;

15.7.2 any action taken in controlling preventing suppressing or in any way relating to any act of

war or terrorism.

If we allege that by reason of this exception any damage cost or expense is not covered by this policy the burden of proving the contrary shall be upon you.

15.8

War, political risk and terrorism limitation applicable only to section I

– Employers’ liability

15.8.1 Section I excludes and does not cover any liability which arises directly or indirectly out of

or caused by war or terrorism except that this exclusion shall not apply to the first £5,000,000 of any liability for an act of war or terrorism provided that our maximum liability will not exceed £5,000,000 in respect of:

a) any one claim against you or series of claims against you; and b) any claim or series of claims made by you under section I; arising out of one occurrence.

15.9

War and terrorism cover amendment clause applicable only to section

J - Public and products liability

15.9.1 Section J excludes and does not cover any liability which arises directly or indirectly out of

or caused by war or terrorism except that this exclusion shall not apply to the first £2,000,000 (in the aggregate) of any liability for an act of war or terrorism provided that: a) our maximum liability will not exceed £2,000,000 in the aggregate during any one

period of insurance; and

b) notwithstanding the indemnity granted at the above paragraph this policy excludes and does not cover liability of whatsoever nature directly or indirectly caused or occasioned by or happening through or in consequence of war or terrorism or any action taken in controlling preventing suppressing or in any way relating to terrorism; i) arising by through or in connection with:

I. the provision of police, fire or security services of any kind

II. any public or private utility including telecommunications, electricity, gas, water, radio and television;

III. public transport services whether rail, road, sea or air.

ii) arising out of the ownership operation or occupation of or work in at or on: IV. airports, airfields, ports, rail or underground stations freight or passenger

terminals;

VII. facilities for the manufacture processing, refining, distribution or storage of liquid or gaseous fuel, oil, petrochemical, chemicals, explosives or ammunition;

VIII. tunnels, bridges, viaducts, aqueducts, dams, river or sea defences; IX. schools, colleges, universities, or places of education or religious worship; X. sports, stadiums, theatres or entertainment, arenas, amusement, parks,

In document Business Combined Insurance Policy (Page 56-59)